Lesson 31: Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment provides an essential protection for individuals against multiple prosecutions for the same offense. It reads:

"No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb."

This clause encompasses three distinct protections:

  • Protection against a second prosecution after acquittal.
  • Protection against a second prosecution after conviction.
  • Protection against multiple punishments for the same offense.

Key Supreme Court Cases

Several landmark cases have shaped the interpretation of the Double Jeopardy Clause:

  • Blockburger v. United States: Established the "same-elements" test to determine whether two offenses are the same for double jeopardy purposes.
  • Benton v. Maryland: Incorporated the Fifth Amendment's Double Jeopardy Clause to apply to state courts through the Fourteenth Amendment.
  • United States v. Dixon: Reinforced the Blockburger test and clarified the application of double jeopardy protections.

Understanding the Blockburger Test

The Blockburger test helps determine whether two offenses are considered the same for purposes of double jeopardy. The test asks whether each offense requires proof of an additional fact that the other does not.


if (offenseA.requires(proofOf('fact1')) && offenseB.requires(proofOf('fact2'))) {
  if (fact1 !== fact2) {
    doubleJeopardy = false;
  } else {
    doubleJeopardy = true;
  }
}

Dual Sovereignty Doctrine

The Dual Sovereignty Doctrine allows different sovereigns (e.g., state and federal governments) to prosecute an individual for the same act without violating double jeopardy protections.

Double Jeopardy and Civil vs. Criminal Cases

Double jeopardy protections apply strictly to criminal cases. Civil cases, including administrative penalties, do not trigger double jeopardy concerns even if they arise from the same conduct.

Visualizing the Doctrine

graph TD; A["First Prosecution: State Court"] -->|Acquittal| B["Second Prosecution: Federal Court"]; B -->|Possible Conviction| C["Defendant Punished"];

For further reading, explore our other lessons related to the Fifth Amendment:

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